Sydney-based fund manager and developer EG is seeking to turn part of the former Roche pharmaceutical campus in Cromer into a 130-home residential community, introducing a mix of low-rise apartments, townhouses and duplexes to the tightly held Northern Beaches market.

The SJB-designed masterplan has been prepared for the 3.2-hectare site at <a href="https://www.apartments.com.au/new-apartments/100-south-creek-road-cromer-nsw-2099">100 South Creek Road</a>, part of the former Roche landholding that EG acquired for $55 million in 2017 through its Yield Plus Infrastructure Fund No. 2.

EG is proposing what SJB describes as a new "urban village" set within the site's significant existing tree canopy.

<img alt="Cromer" data-entity-type="file" data-entity-uuid="482c9a58-49f1-4c53-a12e-aaa02336229f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-24%20at%2011.20.57%E2%80%AFAM.png?VersionId=hZP8_XfPnfNq500dbcjlpVwYU1ebhF9_" />

Around three hectares of the site is considered developable, with the balance incorporating a riparian corridor that would be rehabilitated and revegetated as part of the proposal.

The indicative masterplan comprises approximately 72 apartments in low-rise residential buildings and another 58 townhouses and duplexes.

The apartment component would include around five one-bedroom, 37 two-bedroom and 30 three-bedroom residences, while the townhouse and duplex component would be spread across several different housing typologies. The overall scheme would deliver around 19,500 sqm of gross floor area at an FSR of 0.6:1.

Parking for the apartment component is currently estimated at around 112 resident spaces and 14 visitor spaces, while the townhouse and duplex component would have 116 resident and 12 visitor spaces.

A significant part of the masterplan revolves around retaining the established landscape character of the former Roche campus.

SJB's plans show heavily treed setbacks along both Campbell Avenue and South Creek Road, a centrally located collection of significant native and exotic trees retained as communal open space, and the regeneration of the northern bushland area.

The existing creek corridor along the site's western edge would also be rehabilitated and revegetated, creating additional separation between the new homes and the neighbouring Northern Beaches Business Park.

A heritage-listed cottage and its garden setting would be retained and restored, with SJB flagging its potential adaptive reuse as communal space.

The proposal also includes new communal recreation areas, pedestrian connections to Campbell Avenue and South Creek Road, and a contribution toward improvements to the adjoining Michele Reserve.

Vehicular access would be restricted to South Creek Road, with no vehicle entry proposed from Campbell Avenue. The main internal road would largely follow the site's existing driveway to minimise the impact on established trees.

SJB said residential redevelopment presented an opportunity to retain the majority of the site's heritage-listed mature trees while delivering a broader range of housing types than typically seen across the Northern Beaches.

"The site being 3.27 hectares in area represents one of the largest vacant sites in common ownership in the Cromer and Dee Why area capable of residential renewal," SJB noted in the masterplan.

The architect said the proposal would particularly target housing diversity through townhouses and other "missing middle" typologies suitable for singles, young families, downsizers and retirees.

<img alt="Cromer" data-entity-type="file" data-entity-uuid="e3f5d841-8491-427e-8ada-c70d3d03d6bc" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-24%20at%2011.21.02%E2%80%AFAM.png?VersionId=xTV7r.q8lrTzC9vKzMS9zMbjm9wKwhgm" />

The site emerged following the subdivision of the former Roche campus into eastern and western parcels.

EG has already transformed the western portion into the Northern Beaches Business Park, which incorporates heritage-listed office space, modern warehouses and indoor recreation facilities.

The proposed residential community, referred to as Cromer East in SJB's plans, adjoins established housing to the north, east and south-east, while the business park sits beyond the creek corridor to the west.

It is also within 250 metres of Pittwater House School and Northern Beaches Secondary College, while bus stops within a three-to-five-minute walk provide connections to Dee Why, Brookvale and express services to the Sydney CBD. Cromer Park and the South Creek open space corridor are also nearby.

EG acquired the broader 7.5-hectare former Roche campus in 2017 for $55 million through its Yield Plus Infrastructure Fund No. 2. The campus at the time comprised more than 25,000 sqm of industrial and office buildings set within landscaped grounds.

The current residential site represents the eastern portion of that original holding.

EG's investment strategy for the fund has centred on acquiring income-producing real estate with longer-term rezoning and repositioning potential, particularly assets benefiting from infrastructure and changing land-use patterns.

EG also has an established residential track record across Sydney, including Bosco in Five Dock, Tempo in Drummoyne, The Flour Mill in Summer Hill and Pindari in Randwick.

The developer says it has delivered more than 1,000 homes to date, with a further 3,000-plus residences across its development pipeline.

Joel Robinson

First look: EG plans 130 apartments on former Roche pharmaceutical campus in Cromer

<a href="https://www.apartments.com.au/developers/s-p-setia">SP Setia</a> has lodged plans for a $750 million, three-tower mixed-use precinct that would complete the long-running redevelopment of Carlton's former Carlton United Breweries site.

The proposal at <a href="https://www.apartments.com.au/new-apartments/185-195-queensberry-street-carlton-vic-3053">46-78 Bouverie Street and 185-195 Queensberry Street</a> spans a 6,468 sqm site, the last remaining undeveloped parcels within the former brewery's 2007 masterplan.

Designed by <a href="https://www.apartments.com.au/architects/cox-architecture">COX Architecture</a>, the development will comprise two purpose-built student accommodation towers and a third build-to-sell apartment tower above a shared commercial podium and basement.

Across the three towers, SP Setia is proposing 606 build-to-sell apartments and 1,499 student accommodation units containing 2,009 beds.

The apartments will sit in the tallest tower, which will rise nearly 200m and 55 storeys. It will become&nbsp;one of the more substantial new build-to-sell apartment projects at the northern edge of Melbourne's CBD.

The apartment mix is weighted toward smaller inner-city product, with 188 studios, 206 one-bedroom apartments, 192 two-bedroom apartments and 20 three-bedroom apartments

<img alt="First look: SP Setia plans three-tower finale for Carlton’s former CUB precinct" data-entity-type="file" data-entity-uuid="8271bc87-1b0a-41b7-ac73-a425ee375261" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/3_2.png?VersionId=G4lw23o90B1boX4k4dj7rdz2ZEajS9wy" />

Part of the precinct will be a large-scale&nbsp;3,684 sqm supermarket and a further 2,198 sqm of speciality retail, creating close to 5,900 sqm of new commercial space within the precinct.

But one of the biggest components of the proposal is what sits between the buildings.

Around 4,650 sqm, or roughly 72 per cent of the site, will be publicly accessible open space, incorporating plazas, pedestrian connections, landscaped laneways and retail spill-out areas.

The ground plane is intended to finally complete pedestrian connections envisaged when the CUB masterplan was first approved nearly two decades ago, stitching together Victoria Street, Queensberry Street, Bouverie Street and Swanston Street through the former brewery precinct.

Urbis said the development would "complete the CUB precinct", with the public realm providing important north-south and east-west connections through what is currently the final undeveloped portion of the masterplanned site.

SP Setia is also exploring a new linear park within the Bouverie Street road reserve, with the concept to be developed further with the City of Melbourne through the planning process.

The proposal is being pursued through the Victorian Government's Development Facilitation Program under Clause 53.23 for significant residential development with affordable housing.

The planning report acknowledges the proposed heights exceed those contemplated under the original Comprehensive Development Plan and masterplan, but argues the built-form context has changed considerably over the past two decades.

Urbis said the three towers would instead create a stepped transition between Carlton and the Hoddle Grid, rising progressively from the 94.1-metre Tower One along the Queensberry Street edge to the 199.44-metre Tower Three closer to the established CBD-scale buildings to the south.

<img alt="SP Setia" data-entity-type="file" data-entity-uuid="e885a07a-592c-40fc-bf82-e6dbaf32da54" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.52.24%E2%80%AFAM.png?VersionId=7s_ErUkSKAdY1mAWp3GRZgMNCGtwhk5m" />

SP Setia plans to deliver the development across three stages.

Stage One would deliver the basement, podium and retail areas for the entire precinct alongside the first student tower. Tower Two would follow in Stage Two, before the 606-apartment Tower Three is delivered as the final stage.

If approved and delivered, the project would close out a redevelopment process that has been underway since the former brewery masterplan was approved in 2007, adding more than 2,600 student beds and apartments to a precinct already home to Swanston Central, the Barak Building, RMIT Design Hub and several large student accommodation developments.

&nbsp;

&nbsp;

SP Setia plans three-tower finale for Carlton’s former CUB precinct

Melbourne developer Lowe Living is seeking to add to its growing bayside apartment pipeline, filing plans for a boutique eight-residence development in tightly held Middle Park.

Lowe Living, which has built much of its development portfolio across Melbourne's affluent bayside and south-east suburbs, is behind the plans for the 730 sqm site at <a href="https://www.apartments.com.au/new-apartments/123-125-erskine-street-middle-park-vic-3206">123-125 Erskine Street</a>, just off Armstrong Street and within the Armstrong Street Neighbourhood Activity Centre.

The developer is seeking approval for a five-storey residential building above two basement levels, with just eight large-format apartments and 18 car spaces.

“This is a deliberately very different proposition for us,"&nbsp;Tim Lowe, Co-Founder of Lowe Living, said.

"Eight residences is exceptionally boutique, but that's precisely what this site calls for.

“There is a strong community in Middle Park and the surrounding suburbs who have spent decades building a life here. They no longer want the maintenance of a large period home, but they aren't prepared to compromise on space, quality or location. We think there is a real opportunity to capture that hyper local market. A site like this rarely comes to market.”

<img alt="Lowe " data-entity-type="file" data-entity-uuid="875fe572-0f14-4d90-9e11-55b28dd07731" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.42.49%E2%80%AFAM.png?VersionId=GDNQRv9BfpR9r1zkZ5UDyUM4ZvpIksut" />

The low-density proposal has been designed by Cera Stribley and is being progressed through the Victorian Government's Great Design Fast Track pathway, having already secured eligibility from the Minister for Planning.

The Office of the Victorian Government Architect supported its eligibility after finding the proposal demonstrated consistency with the program's seven design principles, while the project's financial feasibility has also been independently confirmed by Invest Victoria.

The project is targeting the downsizer market, with the planning documents describing the homes as larger-format residences and noting the two penthouses could otherwise have been configured as four separate apartments.

<img alt="Lowe 2" data-entity-type="file" data-entity-uuid="60ab0987-2da6-4175-adac-315dcf6053c6" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.43.15%E2%80%AFAM.png?VersionId=bOCPH0B2MFwlmaRW.TTCF9TzyifgVoQI" />

The site has dual frontage to Erskine Street and Canterbury Place and currently comprises a collection of commercial buildings used as offices, including a former heritage bakehouse, a former stable, a later gabled addition and a central courtyard.

It sits within the Commercial 1 Zone and the Armstrong Street Commercial Precinct heritage overlay, with the existing property classified as a contributory heritage place.

Heritage has subsequently played a significant role in Cera Stribley's design.

The front section of the former bakehouse facing Erskine Street will be retained, including its return walls, street-facing hipped roof and chimneys, while the Erskine Street façade and part of the western return wall of the former stable will also be incorporated into the new development.

Levels four and five will be set back five metres from the retained stable façade, while bricks removed through demolition are proposed to be salvaged and reused within the new building where possible.

<img alt="Lowe 3" data-entity-type="file" data-entity-uuid="e97927a9-a2de-4a0f-83b6-65451238abfa" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.43.06%E2%80%AFAM.png?VersionId=VR44AChLrX9q1XPB9GvVQV.ALXXbe4gC" />

Rather than presenting as a single five-storey building to Erskine Street, Cera Stribley has broken the development into a series of distinct forms.

A three-storey infill element will sit between the retained bakehouse and stable façades, with the upper levels recessed behind the heritage fabric. Canterbury Place will similarly feature two three-storey podium forms, separated by a central pedestrian accessway, before the upper two levels step back from the street.

A pedestrian through-link will run through the centre of the project between Erskine Street and Canterbury Place, creating entrances from both sides of the site and introducing landscaping and communal areas through the ground plane.

Landscape architect Acre has designed planting across the ground level, private terraces and upper levels, including a feature canopy tree at level three and integrated planting and arbours across the level four terraces. Five existing Erskine Street trees are proposed to be retained.

Sustainability is also a significant component of the Great Design Fast Track application. The apartments are targeting an average eight-star NatHERS rating, with no residence below 6.5 stars, while the project has achieved a 75 per cent BESS score. Seven of the eight apartments are designed for cross-ventilation, with the remaining residence using mechanically assisted natural ventilation.

The plans also incorporate an 8kWp rooftop solar system, a 5,000-litre rainwater tank and infrastructure allowing future electric vehicle charging for every residence.

Lowe has a strong portfolio across Melbourne's blue-chip suburbs. They recently launched <a href="https://www.apartments.com.au/new-apartments/jardin-house-by-lowe-living-camberwell-335-camberwell-road-camberwell-vic-3124">Jardin House by Lowe Living</a> in Camberwell, their first development in the Stonnington LGA.

Lowe Living unveils Middle Park apartment development

Article summary

<ul data-end="888" data-start="289">
	<li data-end="442" data-section-id="8tsh6o" data-start="289">DVB Projects is preparing to launch its second Gold Coast apartment development, with demolition now underway at 137 Old Burleigh Road, Broadbeach.</li>
	<li data-end="573" data-section-id="1nyxl3e" data-start="443">The 34-level tower will comprise just 49 ultra-luxury residences, including half-floor, full-floor and penthouse apartments.</li>
	<li data-end="717" data-section-id="oiyimj" data-start="574">The launch follows strong demand at DVB's nearby Sea Glass project, which is more than 50 per cent sold and currently under construction.</li>
	<li data-end="888" data-section-id="epk9o9" data-start="718">The development adds to the transformation of Old Burleigh Road, with premium beachfront apartment projects continuing to reshape the tightly held Broadbeach strip.</li>
</ul>

<a href="https://www.apartments.com.au/developers/dvb-projects">DVB Projects</a> is preparing to launch its second Gold Coast apartment development, with demolition now underway on the Broadbeach site as the Sydney developer moves closer to bringing the ultra-luxury project to market.

The 34-level tower at <a href="https://www.apartments.com.au/new-apartments/137-old-burleigh-road-broadbeach-qld-4218">137 Old Burleigh Road</a> will comprise just 49 residences, ranging from half-floor apartments through to full-floor homes and a penthouse. The launch follows the strong sales performance of DVB's nearby Sea Glass development. More than half of the apartments at Sea Glass, on the other side of Broadbeach, have been snapped up, well ahead of its late 2027 completion

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="2944b4be-c84e-4b54-8dc1-c712e76704c0" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/E02_Exterior_Street%20Level%20Entrance.jpg?VersionId=YoNig7pRdrE3HCue7sUj78LzJteeQf3H" />

The start of demolition at 137 Old Burleigh Road signals DVB Projects’ underlying confidence in the Gold Coast’s luxury beachside apartment sector.

“We see the Gold Coast as one of the most compelling lifestyle markets in Australia, particularly at the premium end where demand continues to deepen,” said Dean Brown, Managing Director of DVB.&nbsp;

“This project has been carefully designed to respond to that demand - delivering large-format residences with a level of quality, privacy and amenity that is still relatively rare in the apartment market on the beachside."

Brown says the site itself is "exceptional."

"Old Burleigh Road is one of the most tightly held beachfront strips, and opportunities to deliver a project of this scale and calibre in this location are extremely limited.”

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="398f377a-c037-455e-9250-0c5e0d84c35b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/I12_FF%20Balcony.jpg?VersionId=NwOiRWGMubR1c8wthuEfggklcja7al9." />

The project will comprise 40 half-floor residences of approximately 260 sqm, alongside eight full-floor residences spanning around 524 sqm.

A single penthouse will crown the building, featuring a private pool, barbecue area, indoor gym and dedicated entertaining spaces.

Residents will have access to a resort-style suite of amenities, including a 20-metre pool with daybeds, a gymnasium, hot and cold plunge pools, a sauna, and private residents’ lounge and dining facilities.

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="d1642bb0-9a66-4427-a022-dfc0988c6287" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/A02_Pool%20to%20View.jpg?VersionId=c0IXPyn_Gp_Kn3XCwzMrqIVkAdCEwVXP" />

Sales agent Todd Matheson, of <a href="https://www.apartments.com.au/project-marketer/pezet-matheson">Pezet Matheson</a>, which is marketing both 137 Old Burleigh Road and Sea Glass, said 137 Old Burleigh Road would address a clear gap in the market for genuine luxury products.

“There are very few opportunities on the Gold Coast where buyers can secure a residence of this size and quality in a new building,” Matheson said.

“What we’re seeing is a growing cohort of downsizers and interstate buyers who still want space - they’re not willing to compromise on living area, entertaining or finishes.

“This project has been designed with that buyer in mind. It offers the scale of a home, combined with the convenience and security of apartment living, in one of the coast’s most desirable positions.”

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="59aae0ca-5639-4320-8aca-d0bf60f48e43" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/E01_Exterior%20Hero.jpg?VersionId=DS8Zfy2WtgUEtdfe0TEUuf1W1GfcZq8S" />

Located on a 1,156 sqm site one block from the beachfront, the development will replace an ageing walk-up building and is expected to contribute to the ongoing transformation of the Old Burleigh Road strip into one of the Gold Coast’s most prestigious residential corridors.

With the development moving into the delivery phase, 137 Old Burleigh Road is slated to hit the market later this year.

[smartcode_project_cta:default project_id=145141]

DVB Projects to launch second Broadbeach apartment tower as demolition commences

<a data-end="327" data-is-only-node="" data-start="250" href="https://www.apartments.com.au/developers/norus-projects" rel="noopener" target="_new">Norus Developments</a> has lodged plans for a new apartment development in Clayton that would add further momentum to the suburb's emerging Green Street corridor.

Plans have been lodged for the consolidated site at <a href="https://www.apartments.com.au/new-apartments/1359-1365-centre-road-clayton-vic-3168">1359-1365 Centre Road</a>, where Norus is seeking approval for 218 apartments across a 12-storey apartment building designed by <a href="https://www.apartments.com.au/architects/life-architecture-and-urban-design">Life Architecture</a>.

The proposal sits within the Clayton Major Activity Centre at the threshold of the planned Green Street corridor, a landscaped pedestrian connection intended to improve links through the precinct towards Clayton Railway Station.

The development would replace the site's existing collection of low-scale residential and commercial buildings with a single consolidated building, introducing significantly greater housing density to this part of Centre Road.

A retail tenancy is proposed at ground level to activate the Centre Road frontage, accompanied by transparent street interfaces and landscaping intended to create a more pedestrian-focused edge to the development.

<img alt="First look: Norus Developments plans landscape-led apartment project for Clayton’s emerging Green Street" data-entity-type="file" data-entity-uuid="0a5a763a-d9e9-4253-af2f-88008de27ebf" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Clayton%20a.png?VersionId=S2WJJbat1XVkZwB9SnYtygirXgWHiklX" />

The building has been designed with stepped massing and upper-level setbacks to manage its transition towards surrounding residential properties. The planning report describes the approach as one that integrates the building into the landscape rather than treating landscaping as a secondary element.

"A strong landscape and public realm strategy underpins the proposal," Urbis states in the planning report.

"Public benefits include an affordable housing contribution, a new pocket park, generous landscaped setbacks, deep soil planting and integrated Water Sensitive Urban Design."

The report adds that these elements are intended to create "a permeable, pedestrian-focused ground plane that enhances walkability, supports urban cooling and reinforces the emerging Green Street character."

Biophilic and passive design principles extend through the residential levels, with planting, daylight, natural ventilation and views towards landscaped areas forming part of the amenity strategy.

Parking would be concentrated away from the public realm, with 145 car spaces proposed from the rear laneway rather than dominating the Centre Road frontage.

The proposal follows an extensive pre-application process with the City of Monash. Three formal meetings were held between the project team and Council from December 2025 to March 2026, with the scheme evolving through several concept iterations before the current design was lodged.

The project arrives as Clayton prepares for substantial change around its established activity centre and the wider Suburban Rail Loop precinct. Its position on Centre Road places the development within an existing concentration of shops, services and public transport, while the Green Street connection is intended to strengthen pedestrian access towards Clayton Railway Station.

First look: Norus plans landscape-led apartment project for Clayton’s emerging Green Street

Asic

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ASIC has banned Michael Wilkins, of Watanobbi, NSW, from engaging in credit activities for three years.
Mr Wilkins was a mortgage broker and helped clients to arrange finance to purchase properties. ASIC found that on five occasions in June and July 2010, Mr Wilkins submitted loan applications on behalf of clients in which he deliberately overstated their savings by between about $130,000 and $179,000.
By submitting these loan applications, ASIC found that Mr Wilkins gave to the bank information or a document that was false or misleading.
Mr Wilkins has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
Background
Mr Wilkins' banning arises from ASIC's ongoing investigation into a group of companies and people known as ‘the Heritage Group’.  The Heritage Group advised its clients to set up self-managed superannuation funds (SMSF) and buy property with their superannuation.
In the course of its investigation into the Heritage Group, ASIC also achieved the following outcomes:
<ul>
<li>permanently banning Mr John Dimitropoulos from providing financial services or engaging in credit activity (refer: <a href="http://asic.gov.au/about-asic/media-centre/find-a-media-release/2017-releases/17-322mr-john-dimitropoulos-permanently-banned-by-asic-from-financial-services-and-credit-in-connection-with-property-and-smsf-spruiking/" target="_blank">17-322MR</a>). Mr Dimitropoulos appealed to the Administrative Appeals Tribunal. The review is yet to be heard;</li>
<li>cancelling the credit licence of a company formerly called Heritage Financial Solutions Australia Pty Ltd and Heritage – Freedom &amp; Security Pty Ltd (refer: <a href="http://asic.gov.au/about-asic/media-centre/find-a-media-release/2015-releases/15-102mr-asic-cancels-australian-credit-licence-of-property-spruiking-firm/" target="_blank">15-102MR</a>);</li>
<li>cancelling the credit licence of a company formerly called Sunpac Finance Pty Ltd on its own application;</li>
<li>cancelling the credit licence of Smithson &amp; Baye Pty Ltd. This cancellation is currently subject to a decision on appeal to the AAT (refer: <a href="http://asic.gov.au/about-asic/media-centre/find-a-media-release/2015-releases/15-228mr-asic-cancels-australian-credit-licence-of-queensland-company-involved-with-property-promoting-group/" target="_blank">15-228MR</a>). </li>
</ul>
ASIC has concerns about the way The Heritage Group structured the loans and property ownership within its clients SMSFs.
Investors who obtained advice or finance from people associated with this group should contact their lender and if necessary, obtain independent professional advice to ensure that the loans to their SMSFs and their property ownership have been structured in compliance with the trustees' superannuation law obligations.
</body></html>

jrobinson-rf4aSBido9

ASIC ban NSW mortgage broker for three years

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An Australian Securities and Investments Commission (ASIC) review of financial advice provided by the five biggest vertically integrated financial institutions has identified areas where improvements are needed to the management of conflicts of interest.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/1/25/AISC%203.jpg" alt="">
The review looked at the products that ANZ, CBA, NAB, Westpac and AMP financial advice licensees were recommending and at the quality of the advice provided on in-house products.
The review was part of a broader set of regulatory reviews of the wealth management and financial advice businesses of the largest banking and financial services institutions as part of ASIC's Wealth Management Project.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/1/25/ASIA%204.jpg" alt="">
The review found that, overall, 79% of the financial products on the firms' approved products lists (APL) were external products and 21% were internal or 'in-house' products. However, 68% of clients’ funds were invested in in-house products.
The split between internal and external product sales varied across different licensees and across different types of financial products. For example, it was more pronounced for platforms compared to direct investments. However, in most cases there was a clear weighting in the products recommended by advisers towards in-house products.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/1/25/ASIC%205.jpg" alt="">
ASIC noted that vertical integration can provide economies of scale and other benefits to both the customer and the financial institution. Consumers might choose advice from large vertically integrated firms because they seek that firm's products due to factors such as convenience and access, and recommendations of 'in-house' products may be appropriate. Nonetheless, conflicts of interest are inherent in vertically integrated firms, and these firms still need to properly manage conflicts of interest in their advisory arms and ensure good quality advice.
ASIC will consult with the financial advice industry (and other relevant groups) on a proposal to introduce more transparent public reporting on approved product lists, including where client funds are invested, for advice licensees that are part of a vertically integrated business. ASIC noted that any such requirement is likely to cover vertically integrated firms beyond those included in this review. The introduction of reporting requirements would improve transparency around management of the conflicts of interests that are inherent in these businesses.
ASIC also examined a sample of files to test whether advice to switch to in-house products satisfied the 'best interests' requirements. ASIC found that in 75% of the advice files reviewed the advisers did not demonstrate compliance with the duty to act in the best interests of their clients. Further, 10% of the advice reviewed was likely to leave the customer in a significantly worse financial position. ASIC will ensure that appropriate customer remediation takes place.
Acting ASIC Chair Peter Kell said that ASIC is already working with the major financial institutions to address the issues that have been identified in the report on quality of advice and management of conflicts of interest.
'There is ongoing work focusing on remediation where advice-related failures have led to poor customer outcomes, and the results of this review will feed into that work,' said Mr Kell.
ASIC is already working with the institutions to improve compliance and advice quality through action such as:
<ul>
<li>improvements to monitoring and supervision processes for financial advisers; and</li>
<li>improvements to adviser recruitment processes and checks.</li>
</ul>
ASIC will continue to ban advisers with serious compliance failings.
<img src="https://www.urban.com.au/images/2018/1/25/AISC%207.png" alt="">
ASIC highlighted that the findings from this review should be carefully examined by other vertically integrated firms. 'While this review focused on five major financial services firms, the lessons should be considered by all vertically integrated firms in the financial services sector.'
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j.ballantyne1990-6AQqhLzZaK

ASIC reports on how large financial institutions manage conflicts of interest

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The Australian Securities and Investments Commission (ASIC) has licensed the first crowd-sourced funding (CSF) intermediaries under the new CSF regime.
Seven companies have been issued with Australian Financial Services (AFS) licence authorisations to act as intermediaries able to provide a crowd-sourced funding service. With the grant of these new authorisations eligible public companies will now be able to use the CSF regime to raise capital by making offers of ordinary shares to investors via the on-line platform of one of these intermediaries.
ASIC Commissioner John Price said that this marked a significant milestone for crowd-sourced funding in Australia.
‘ASIC has been assessing applications as a matter of priority, as suitable intermediaries needed to be licensed before fundraising under the new regime could commence. Intermediaries have an important gatekeeper role which will be key to building and maintaining investor trust in crowd-sourced fundraising, so we are pleased to have now issued the first tranche of authorisations,’ he said.
The CSF regime is designed to provide start-ups and small to medium sized companies with a new means to access capital to develop and grow. CSF offers are subject to fewer regulatory requirements than other forms of public fundraising.
The newly licensed intermediaries have now been added to ASIC’s register of AFS licensees. ASIC’s free online <a href="https://connectonline.asic.gov.au/RegistrySearch/faces/landing/ProfessionalRegisters.jspx?_adf.ctrl-state=97g58378a_8">search</a> can be used by investors, potential crowd-sourced funders and others to confirm the authorisations held by individual licensees. ASIC encourages both CSF investors and companies to check whether their intermediary holds an AFS licence with appropriate authorisation to provide CSF services.
ASIC has previously highlighted the importance of investors understanding both the benefits and risks of investing via crowd-sourced funding. Further information regarding crowd-funding can be found on ASIC’s <a href="https://www.moneysmart.gov.au/investing/crowd-sourced-funding">MoneySmart website</a>.
<h2>Background</h2>
On 29 September 2017 the Corporations Amendment (Crowd-sourced Funding) Act 2017 and associated regulations came into effect - establishing a regulatory framework to facilitate crowd-sourced equity funding in Australia.
One of the key objectives of the regime is to reduce the regulatory burden on smaller companies associated with raising funds from the public via the issue of ordinary shares.
ASIC has issued guidance to assist companies seeking to raise funds through CSF (<a href="http://asic.gov.au/regulatory-resources/find-a-document/regulatory-guides/rg-261-crowd-sourced-funding-guide-for-public-companies/" target="_blank">Regulatory Guide 261</a> Crowd-sourced funding: Guide for public companies (<a href="http://www.asic.gov.au/media/4491338/rg261-published-22-september-2017.pdf">RG 261</a>). ASIC has also published a template CSF offer document to help companies prepare their CSF offers.
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ASIC licenses first crowd-sourced funding intermediaries

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The Federal Court of Australia has ordered that Patrick John Godfrey, the former managing director of Banksia Securities Limited (In Liquidation) (Receivers and Managers Appointed) pay a pecuniary penalty of $25,000 and be disqualified from managing corporations for a period of five years.   
The Court was satisfied on an agreed statement of facts between ASIC and Mr Godfrey, and declared, that Mr Godfrey contravened section 344(1) of the Corporations Act, in that:
<ol>
<li>Banksia’s financial reports for the financial years ending 30 June 2011 and 30 June 2012, and its half-year financial report for the half year ending 31 December 2011, did not comply with the relevant accounting standards, nor did they give a true and fair view of the financial position and performance of Banksia given the amount disclosed for the provision of bad and doubtful debts was inadequate.</li>
<li>Mr Godfrey failed to have or obtain a sufficient understanding of the requirements of the relevant accounting standard, AASB 139 Financial Instruments: Recognition and Measurement (AASB 139) for the recognition and assessment of the impairment of mortgage investments made by Banksia.</li>
<li>Mr Godfrey's recommendations as to the appropriate amount of provision for bad and doubtful debts resulted in Banksia’s financial reports failing to give a true and fair view of Banksia’s financial position.</li>
<li>Mr Godfrey failed to take all reasonable steps to secure compliance by Banksia with AASB 139.</li>
</ol>
In imposing the disqualification order (which is not to commence until 1 February 2018 at 4:30pm) and the penalty, Justice Moshinsky found the penalty and disqualification order that ASIC and Mr Godfrey had jointly submitted were appropriate and should be made.
ASIC Commissioner John Price said the importance of ensuring that the financial accounts of a company are reported in accordance with the law by complying with  the correct accounting standards  is essential to provide assurance and market confidence. 
"Mr Godfrey fell short of the standards required of him in this case," Mr Price advised.
Banksia was a Kyabram-based unlisted public company involved in raising money from the public by issuing debentures and lending the funds raised to borrowers for property investment and development purposes.
As a non-bank lender, Banksia grew out of a network of solicitors' mortgage investment companies, or SMICs. 
Banksia's predecessor business was started by Patrick Godfrey in 1968, called Kyabram Housing Investments.
It collapsed in 2012.
As at October 2012, Banksia had raised approximately $663 million from 15,622 investors.
On 25 October 2012, Tony McGrath, Joseph Hayes, Matthew Caddy and Robert Kirman of McGrathNicol were appointed as receivers and managers to Banksia by The Trust Company (Nominees) Limited, the trustee for debenture holders.
On 11 June 2014, ASIC accepted an enforceable undertaking from Mr Warren John Sinnott, the former auditor of Banksia, under which he is prevented from practising as a registered auditor until 10 June 2019.
On 24 June 2014, John Lindholm and Peter McCluskey of Ferrier Hodgson were appointed as Official Liquidators to Banksia by an order of the Supreme Court of Victoria.
On 23 June 2017, ASIC commenced civil penalty proceedings in the Federal Court against Mr Godfrey
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Banksia mortgage lender boss Patrick Godfrey disqualified from managing corporations

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The Administrative Appeal Tribunal (AAT) has affirmed ASIC's decision of 17 July 2015 to ban Trevor John Seymour from providing financial services for three years but set aside ASIC's decision to disqualify Mr Seymour from managing corporations for three years.
The parties have 28 days to appeal this decision to the Federal Court of Australia.
It is part of the ASIC work on the Provident Capital collapse.
Earlier ASIC work saw the AAT upheld ASIC's decision to disqualify Michael Roger O’Sullivan from managing corporations for five years and from providing financial services for seven years.
The AAT qualified the five-year disqualification decision by permitting Mr O'Sullivan to remain as a director of three private companies, provided that those companies only involve activities relating to Mr O'Sullivan's immediate family. On 30 May 2017, Mr O'Sullivan lodged an appeal against the AAT's decision in the Federal Court.  The hearing has been set down for 7-8 February 2018.
On 19 April 2016, ASIC banned former executive director and in-house legal counsel of Provident Capital, Mr Malcolm Philip Bersten of Turramurra NSW, from managing corporations and providing financial services for five years.
On 25 May 2016, Mr Bersten was granted permission to manage the trustee of his family trust and self managed superannuation fund (Caldabra Investments Pty Ltd ACN 003 958 423), as well as his incorporated legal practice (Bersten Legal Pty Ltd ACN 098 743 483).
On 17 June 2016, Mr Bersten sought a review of ASIC's decision in the AAT. ASIC has settled the proceedings brought by Mr Bersten in the AAT for a review of ASIC's decision dated 19 April 2016. Subsequently, the AAT has amended ASIC's decision by varying Mr Bersten's period of disqualification from managing corporations from five years to four years (to expire on 31 May 2020) and varying the period of Mr Bersten's banning from providing financial services from five years to three years and nine months (to expire on 29 February 2020).
On 1 July 2015, ASIC banned former non-executive director of Provident Capital, John Patrick Sweeney of Sydney, from providing financial services for  two years. 　
ASIC found that Mr Sweeney failed to comply with financial services laws. Mr Sweeney also sought a review of ASIC's decision in the AAT. The hearing concluded on 14 February 2017. On 8 November 2017, the AAT affirmed ASIC’s decision of 29 June 2015 to ban Mr Sweeney from providing financial services for two years.
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Provident Capital update as Trevor Seymour ban is upheld

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The Federal Court in Melbourne has ordered that a land banking scheme known as the Realestate Equity Investment Trust (REIT) and an associated company, Timeline Project Management Pty Ltd (Timeline), be wound up. 
REIT is a managed investment scheme that owns land located at <a href="https://www.realestate.com.au/property/490-flinders-ave-lara-vic-3212" target="_blank">Flinders Avenue in Lara in Victoria</a> (below).
At least 82 investors have invested approximately $800,000 into the REIT scheme.
ASIC advise a large amount of the money paid to Timeline has been withdrawn and the balance of that account is now approximately $45,000.
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The Lara Property was purportedly mortgaged in favour of a Shariah law lender known as Equitable Financial Solutions Pty Ltd (EFSOL) without the consent of the custodian of the Lara Property, Perpetual, and without that mortgage being registered with the land titles office.
ASIC advised the court the land had purportedly been mortgaged in favour of EFSOL for an amount of between $400,000 and $507,000.
The 2016 agreement, made under Shariah law, contemplates the transfer of the Lara Property to EFSOL and Lotus jointly, with EFSOL owning a 52 per cent share and Lotus owning at 48 per cent share.
The value of EFSOL’s share is expressed to be “consideration of $507,000” with $400,000 being paid into a solicitor’s trust account and $107,000 stated to be for services provided by EFSOL to Lara, including “back office support, front office support and underwriting of any financial costs to Lara if REIT is unable to fund it. 
It is not clear to ASIC where or why most of that money has gone as contrary to its legal obligations, no financial statements have been prepared for the REIT scheme for 5 years, ASIC advise. 
Since 2013, investors have been making payments in respect of their investment to Timeline. The Court orders have been issued in English, Arabic and Somali given the source of the investors.
ASIC’s concerns included that:
<ul>
<li>REIT had been operating despite it not having a validly appointed responsible entity;</li>
<li>REIT appeared unviable given there had been no progress in, nor prospect of, developing the Land;</li>
<li>financial statements for REIT had not been prepared or lodged with ASIC since 2012; and</li>
<li>the interests of investors appeared to have been prejudiced by the operators of the scheme, including the dissipation of investors’ money by management to entities unrelated to the scheme.</li>
</ul>
ASIC Commissioner John Price said, ASIC will take action against unlawful managed investment schemes and the parties that run such schemes.
"Unlawful schemes such as land banking put investors' money at risk and investors should be very careful in checking whether schemes are legitimate before putting up their hard-earned money," John Price said.
Nicholas John Martin and Andrew Thomas Sallway of BDO Australia have been appointed as receivers of the property of REIT, liquidators of Timeline and to ensure that REIT is wound up in accordance with its constitution and the Court’s orders. 
Mr Martin and Mr Sallway are required to undertake a range of investigations into the affairs of REIT and Timeline, including to:
<ul>
<li>identify any assets and creditors;</li>
<li>identify unitholders in REIT and verify the amount invested by each unitholder;</li>
<li>determine the validity and value of any claims on the Land;</li>
<li>determine the nature of any potential claims against Timeline or REIT; and</li>
<li>once the pool of available funds has been determined, calculate the distributions that may be made to unit holders in REIT and any other creditors.</li>
</ul>
The orders also provide that Mr Martin and Mr Sallway are to take all reasonable steps to procure an enforceable offer to purchase the Land from another company, Equitable Financial Solutions Pty Ltd.
Mr Martin and Mr Sallway will report to the Court by 9 March 2018 with its listed for a case management hearing on 20 March 2018.
ASIC filed an application to wind up REIT and Timeline on 25 July 2017.
This followed the cancellation of the Australian financial services licence held by Lotus Securities Pty Ltd (Lotus), the responsible entity that managed the REIT scheme until 21 September 2016. Lotus was placed into liquidation on 14 December 2016, on the application of a creditor.
Lotus had secured debts totalling $700,000 and unsecured debts totalling $150,000.
Half the purchase price of $975,000 in 2010 was funded by private investors. 
ASIC said John Isaacs, who was investigated by ASIC, has been involved with the management of REIT and Lotus and is connected with other entities involved in the scheme. The management of REIT, Lotus and Timeline includes Mr Isaacs, who has been involved with the management of REIT and Lotus and is connected with other entities involved in the scheme and Natalie McKeown, Mr Isaacs’ partner. Mr Sharmarke Mohamed Ahmed, a friend of Mr Isaacs, was the purchaser under the original contract of sale of the Lara property.
From around 2011, the REIT investors purchased units in the Lara Syndicate for at least $7,000 each as an initial deposit and paid a minimum of $300 per month under a “savings plan.”
Investor monies were being paid into Timeline’s account from June 2013 up until at least June 2017, notwithstanding that Timeline was deregistered on 25 January 2015 and Lotus had its AFSL cancelled on 21 September 2016.
An amount of $308,212.90 was received through the Paygate system from June 2013 to June 2017, from investors in REIT, by way of recurring deposits. 
ASIC is concerned that no steps have been taken to develop the Lara property and on current information it appears that the development of the property cannot go ahead.
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ASIC has been told by the Greater Geelong Council that  the Lara property is located in a farming zone;  the Council does not support the rezoning of the property for development.
These proceeding are part of ASIC's wider and ongoing investigation into land banking schemes.
 
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Shariah law loan emerges as Timeline's $800,000 Lara land banking scheme wound up by Federal Court

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The Federal Court has ordered Murray Goulburn to pay a $650,000 fine plus ASIC's legal costs over the embattled dairy giant's disclosure failures ahead of last year's profit downgrade.
The Australian Securities and Investments Commission took Murray Goulburn to the Federal Court alleging that from March 22, 2016 to April 27, 2016, the listed diary co-op failed to notify the ASX that it was unlikely to achieve forecasts it made in February.
Confirming the settlement agreed to between the troubled dairy processor and ASIC in November, Justice Davies said the penalty was towards the higher end of the statutory maximum, because of the "gravity" of breach, the "involvement of the senior level of management," and the "market impact and prejudice" it caused
The court found that MGRE contravened its disclosure obligations under section 674(2) of the Corporations Acton and from 22 March 2016, continuing until 27 April 2016 by failing to notify the ASX that circumstances had arisen a consequence of which was that, Murray Goulburn Co-operative Co. Limited (MG) was unlikely to achieve the forecast:
<ul>
<li>Available Weighted Average Southern Milk Region Farmgate Milk Price for the financial year ending 30 June 2016 of $5.60 per kilogram of milk solids; and</li>
<li>Full-year net profit after tax for the financial year ending 30 June 2016 of approximately $63 million, as stated by MG and MGRE in their ASX announcements dated 29 February 2016 entitled 'Murray Goulburn – Half Year Financial Results News Release' and 'Murray Goulburn – Half Year Financial Results Presentation.'</li>
</ul>
ASIC issued proceedings against MGRE in November last year.
MGRE admitted the contravention in a Statement of Agreed Facts and Admissions and the parties filed joint submissions for a declaration and a civil penalty to be imposed.
In handing down her judgment on Friday 15 December 2017, the Hon Justice Davies said "the penalty is towards the higher end of the statutory maximum but a penalty towards the higher end is warranted, reflecting the gravity of the contravention, the market impact and prejudice caused by the contravention, the involvement of the senior level of management in the contravention and failure of governance, and the inadequacy of MGRE's compliance policies at the time and the duration of the contravention."
ASIC Commissioner Cathie Armour said if an entity has previously given a profit forecast to the market and that subsequently changes causing its profit forecast to differ from that guidance by a material amount, it is crucial to inform the market immediately in order that investors are apprised with up-to-date information.
MG Unit Trust was officially admitted to the official list of the ASX in July 2015.
Murray Goulburn's previous management was responsible for destroying one of the greatest agricultural entities in Australia, Barnaby Joyce recently said.
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MG plans to sell its assets to Saputo, the owner of Warrnambool Cheese and Butter, and dissolve MG, Australia’s largest dairy co-operative.
 
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Murray Goulburn cops $650,000 fine over disclosure failures

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ASIC has cancelled the Australian financial services (AFS) licence of West Perth, West Australia-based Anquan Securities &amp; Investments Pty Ltd as it was unable to comply with its licence conditions. Anquan requested ASIC cancel their licence, which ASIC did with effect from December 11 this year.
As part of the cancellation, ASIC imposed conditions that Anquan for the next 12 months maintain its membership of an external dispute resolution service. Anquan provided financial services to clients, including authorising representatives to issue interests in managed investment schemes.
ASIC has an ongoing investigation into a number of land developments in the Pilbara region of Western Australia, in particular a development known as 'The Newman Estate'.
The Estate was subject to ASIC action in the Federal Court over the past two years, where interim restraint orders were obtained along with the appointment of liquidators to 23 of the Macro Group Companies.
Anquan's licence was cancelled under s915B(3)(d) of the Corporations Act, which states ASIC may suspend or cancel an Australian financial services licence held by a body corporate, by giving written notice to the body, if it lodges with ASIC an application for ASIC to do so.
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Anquan loses financial services licence in Macro Group Pilbara estate aftermath

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ASIC has permanently banned husband and wife, Shrikrishna and Shilpa Karandikar, from engaging in credit activities.
ASIC's investigation found that from mid-2014 to February 2016, Mrs Karandikar had acted as an intermediary between consumers and the National Australia Bank for the purpose of securing a home loan, contrary to the terms of an ASIC banning order in force against her.
The home loan applications were submitted to the National Australia Bank through her husband's mortgage broking business in Dandenong, Siddhi Vinayak Finance Pty Ltd.
Mr Karandikar was permanently banned from engaging in credit activities for being involved in Mrs Karandikar's contravention of the terms of her 2014 banning order.
ASIC also found that Mr Karandikar had engaged in misleading and deceptive conduct by certifying that he had completed customer identification forms in the presence of home loan applicants when he had not.
It was found that Mr and Mrs Karandikar therefore were not fit and proper persons to engage in credit activities.
The National Australia Bank identified the misconduct and reported it to ASIC.
ASIC Acting Chair Peter Kell said, 'ASIC will uphold the integrity of its administrative powers in the interest of protecting the public from unscrupulous mortgage brokers.'
Mr and Mrs Karandikar have the right to seek a review of ASIC's decisions to the Administrative Appeals Tribunal. ASIC's investigation is continuing.
On 10 July 2014, Mrs Karandikar was banned by ASIC from engaging in credit activities for a period of four years, following an ASIC investigation that found she had submitted false documents to secure a $243,000 home loan for a customer
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Dandenong mortgage broker gets permanent ASIC ban

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ASIC has commenced proceedings in the Federal Court of Australia and obtained interim injunctions against Perth-based Superfunded Pty Ltd and its sole director, Mr Max David Goldenberg, of Currambine and its sole shareholder Mark Travis Goldenberg of Claremont.
The proceedings concern their promotion of a business that encourages people to set up self-managed super funds to invest in the Superfunded Loan Investment Trust, which lends money to home buyers for their house deposits.
Neither Superfunded nor the Goldenbergs holds an Australian Financial Services licence and ASIC alleges that Superfunded and the Goldenbergs are therefore unlawfully carrying on a financial services business.
On 9 November 2017, the Federal Court of Australia made the following interim orders:　
<ul>
<li>restraining Superfunded and the Goldenbergs from providing financial services;　</li>
<li>restraining Superfunded and the Goldenbergs from having access to client or investor assets;　</li>
<li>prohibiting advertising, promoting or marketing financial services or products in relation to the investors and potential investors of the Superfunded Loan Investment Trust;</li>
<li>for the preservation of assets; and</li>
<li>for financial disclosure.　</li>
</ul>
The interim orders will remain in force until further order. The matter has otherwise been adjourned to a date to be fixed with liberty to any party to apply to the Court on 24 hours' notice.
Mark Goldenberg is the Trustee of the Superfunded Loan Investment Trust.
Mark Goldenberg was permanently banned from providing financial services in May 2009.　
Mark Goldenberg was sentenced to three years' imprisonment in 2011 following an ASIC prosecution for misusing $1.5 million of investor funds for his own benefit.
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